Estate of Brungart v. Smallwood

The appellant, Estate of Nelson Brun-gart, appeals to this Court two orders of the Circuit Court for Monroe County which together grant attorneys’ fees to Sheri Smallwood, the defendant below, under section 57.105 of the Florida Statutes. We affirm.

Appellant urges that the award must be reversed because the motion seeking fees was untimely filed by Smallwood more than 30 days from the date of the dismissal of the action. See Fla. R. Civ. P. 1.525. Smallwood counters while that may be the case, she is nevertheless saved from that potential error on her part because she expressly sought an…